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(영문) 부산지방법원 2017.10.17 2017가단7282

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 23, 2013, the Defendant Incorporated Association entered into a performance guarantee insurance contract (contract) contract with the Plaintiff (hereinafter “instant guarantee insurance contract”) with the following terms and conditions (hereinafter “instant guarantee insurance contract”) around D Federation, E Federation, Defendant B Federation (hereinafter “F Federation at that time, and thereafter changed to the current trade name).

1) Amount of insurance coverage: Insurance period of KRW 300,00,000: From July 1, 2013 to June 30, 2016: Contract bond (G Center consignment agreement; hereinafter “instant agreement”):

(iv) Insured: Busan Suwon-gu;

B. On August 5, 2016, Busan Suwon-gu claimed the Plaintiff for the amount of KRW 138,180,790 (i.e., the amount in arrears of KRW 134,023,810, such as facility usage fees, and the amount in arrears of KRW 4,156,980).

Accordingly, on August 26, 2016, the Plaintiff paid KRW 138,180,790 as insurance money to Busan Young-gu.

[Ground of recognition] 3, 4, 8 through 10 each entry (including branch numbers for those with branch numbers; hereinafter the same shall apply), the whole purport of the pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Federation, E Federation, and the Defendants jointly concluded the instant guarantee insurance contract with the Plaintiff to secure performance guarantee under the instant agreement. However, the Plaintiff paid KRW 138,180,790 to Busan Suwon-gu as the instant insurance accident occurred as stated in the foregoing 1-B. As such, the Defendants jointly with the D Federation and E Federation and jointly paid KRW 140,906,547 to the Plaintiff (i.e., KRW 138,180,790 to KRW 138,180,790 to November 24, 2016 to the Plaintiff (i.e., KRW 138,725,757 to November 25, 2016) and the Defendants are liable to pay damages for delay as to KRW 138,180,790 to the Plaintiff from November 25, 2016 to the end of the pertinent insurance contract).